Akhil Chandra Sarkar And ORS. v. State Of West Bengal

02.01.2024 Serial no. 100 Anticipatory bail [Rejected] Dd CRM (A) 4357 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 466 of 2023 dated 09.07.2023 under Sections 326/307/34 of the Indian Penal Code, 1860 and Section 25/27 of the Arms Act. (G.R. Case No. 3014/2023) -AndIn the matter of : Akhil Chandra Sarkar & Ors. ... ...Petitioners Mr. Anisur Rahman, Advocate ... ... For the Petitioners Mr. Abhra Mukherjee, Mr. Dipankar Mahata, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

Learned advocate appearing for the petitioners submits that petitioner no. 13 was arrested and, therefore, the application became infructuous so far as such petitioner no. 13 is concerned.

We perused the materials in the case diary. We find that, the victim suffered injuries resulting from gun shot and blast of crude bombs. The injured in their statements recorded under Section 161 of the Criminal Procedure names all the petitioners before us as the assailants.

In such circumstances, given the gravity of the offence and the involvement of the petitioners in the incident as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner nos. 1 to 12 and 14 to 32 or confirm the interim anticipatory bail granted on October 16, 2023.

CRM (A) 4357 of 2023 is dismissed so far as the petitioner nos. 1 to 12 and 14 to 32 are concerned. CRM (A) 4357 of 2023 is dismissed as infructuous so far as petitioner no. 13 is concerned.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)